Judge leaves RIAA with lose-lose situation

Found on Ars Technica on Wednesday, 21 March 2007
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The case of Elektra v. Santangelo has been one of the more closely followed cases in the RIAA's crusade against suspected file sharers, due in no small part to the aggressiveness of Patti Santangelo's defense. Ray Beckerman is reporting that Judge Colleen McMahon has denied the RIAA's motion to dismiss the case without prejudice, ruling that the case must either proceed to trial or be dismissed with prejudice.

It's a noteworthy ruling because if the case is dismissed with prejudice, Santangelo would be considered the prevailing party and would likely be entitled to an award of attorneys' fees, as in Capitol v. Foster.

The choice is clear-cut for the RIAA: either proceed with a full-blown jury trial in which they will have to convince a jury that the defendant is guilty of secondary infringement-making the same argument that the judge in Capitol v. Foster didn't buy-or agree to an order dismissing the action with prejudice.

If you drag someone to court, you shouldn't have the option to bail out unless both sides agree. Just let the industry have a taste of their medicine; perhaps it cures their lawsuit-syndrome.